Sloan v. Hamilton County Justice Center

Justia Dockets & Filings Sixth Circuit Ohio Southern District Sloan v. Hamilton County Justice Center

Sloan v. Hamilton County Justice Center

Petitioner:	Ronnie Sloan
Respondent:	Hamilton County Justice Center
Case Number:	1:2013cv00166
Filed:	March 14, 2013
Court:	US District Court for the Southern District of Ohio
Office:	Cincinnati Office
County:	HAMILTON
Presiding Judge:	Timothy S. Black
Presiding Judge:	Karen L. Litkovitz
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
May 29, 2014	Filing 14 DECISION AND ENTRY: (1) ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 11 ); (2) DISMISSING PETITIONER'S PETITION WITHOUT PREJUDICE (Doc. 1 ); (3) DENYING ANY REQUESTED CERTIFICATE OF APPEALABILITY; (4) CERTIFYING THAT ANY APPEAL WOULD BE OBJECTIVELY FRIVOLOUS AND DENYING PETITIONER LEAVE TO APPEAL IN FORMA PAUPERIS; AND (5) TERMINATING THIS CASE. Signed by Judge Timothy S. Black on 5/29/2014. (mr1)
May 2, 2014	Filing 11 REPORT AND RECOMMENDATIONS - Because the record shows Sloan has not exhausted even the first remedy of a direct appeal (at least as of the time he filed his Response to the Return of Writ), this case should be dismissed without prejudice for lack of exhaustion. If an appeal has occurred since this case became ripe on May 24, 2013, Petitioner should provide proof of what further he has done to exhaust remedies in the state courts.Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous. Objections to R&R due by 5/19/2014. Signed by Magistrate Judge Michael R Merz on 5/2/2014. (kpf1)

Date Filed

Document Text

May 29, 2014

Filing 14 DECISION AND ENTRY: (1) ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 11 ); (2) DISMISSING PETITIONER'S PETITION WITHOUT PREJUDICE (Doc. 1 ); (3) DENYING ANY REQUESTED CERTIFICATE OF APPEALABILITY; (4) CERTIFYING THAT ANY APPEAL WOULD BE OBJECTIVELY FRIVOLOUS AND DENYING PETITIONER LEAVE TO APPEAL IN FORMA PAUPERIS; AND (5) TERMINATING THIS CASE. Signed by Judge Timothy S. Black on 5/29/2014. (mr1)

May 2, 2014

Filing 11 REPORT AND RECOMMENDATIONS - Because the record shows Sloan has not exhausted even the first remedy of a direct appeal (at least as of the time he filed his Response to the Return of Writ), this case should be dismissed without prejudice for lack of exhaustion. If an appeal has occurred since this case became ripe on May 24, 2013, Petitioner should provide proof of what further he has done to exhaust remedies in the state courts.Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous. Objections to R&R due by 5/19/2014. Signed by Magistrate Judge Michael R Merz on 5/2/2014. (kpf1)

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Petitioner: Ronnie Sloan
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Respondent: Hamilton County Justice Center
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